Medical malpractice is one area where tort reform is argued most heavily. Some concerns are that caps on damages might result in costs that ultimately fall on the taxpayer; other concerns are the increase in medical expenses for tests ordered before diagnosis by physicians hoping to eliminate a future claim of medical malpractice.

First, research medical malpractice for an understanding of the elements of this cause of action. Then, read the following two articles and answer the questions posed.

Kenney, K. (2009, Aug. 9).  Fixing health care reform requires tort reform.  Retrieved from http://www.npr.org/sections/money/2009/08/fixing_health_care_requires_to.html

Doroshow, J. (2009, Nov. 9). Medical malpractice tort reform-we are already suffering and don’t need more. Retrieved from http://www.huffingtonpost.com/joanne-doroshow/medical-malpractice-tort_b_350573.html

1. What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this legal doctrine, including the element of this cause of action. How does medical malpractice differ from a standard negligence claim?
2. What defenses, if any, exist for a claim of medical malpractice?
3. Evaluate arguments for and against tort reform in the area of medical malpractice. You are encouraged to illustrate your arguments by using real case examples, either researched or from the material provided.
4. Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.

As a helpful explanation, in the area of torts we see many causes of action that are comprised of “elements.”  For instance, if we discuss a situation involving negligence, we would define negligence stating, “Negligence occurs when a person’s conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages.”  Then, each element would be analyzed, determining whether each one was met. It is imperative that each element of a tort claim is met for the plaintiff to prevail in a suit.

Your paper should be 2-3 pages in length, not including the title or reference page.  Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the CSU-Global Guide to Writing and APA Requirements. Please be sure to reach out to your instructor early in the week if you have difficulty with this topic.

In this assignment, you will compare and evaluate risk management techniques from experts in the field. Go to the Ashford University Library and find one article by Dr. James Kallman. Dr. Kallman, an expert in the field of risk management, has written many articles on managing financial risk. Find a second article in the Ashford University Library from another credible author of your choice who also provides recommendations for risk management.

Develop a three- to four-page analysis (excluding the title and reference pages), of the techniques Dr. Kallman has identified for managing risks. In this analysis, compare Dr.Kallman’s techniques to the techniques recommended in the second article you researched. Explain why you agree or disagree with each authors’ recommendations. Describe other factors you believe should be considered in risk management. The assignment should be comprehensive and include specific examples. The paper should be formatted according to APA.

You must cite at least two scholarly sources, in addition to the text, from the Ashford University Library, one being an article by Dr. Kallman. Cite your sources in-text and on the reference page. For information regarding APA samples and tutorials, visit the 
Ashford Writing Center.

Chapter 7 Contingency Theories and Adaptive Leadership Learning Objectives After studying this chapter you should be able to: ■ Understand how aspects of the situation can enhance or diminish effects of leader behavior. ■ Understand key features of the early contingency theories of effective leadership. ■ Understand the benefits and limitations of contingency theories. ■ Understand the findings from empirical research on contingency theories. ■ Understand how to adapt leader behavior to the situation. ■ Understand how to manage disruptions and other crises.

Chapter 1 Introduction: The Nature of Leadership Learning Objectives After studying this chapter, you should be able to: ■ Understand the different ways leadership has been defined. ■ Understand the controversy about differences between leadership and management. ■ Understand why it is so difficult to assess leadership effectiveness. ■ Understand the different indicators used to assess leadership effectiveness. ■ Understand what aspects of leadership have been studied the most during the past 50 years. ■ Understand the organization of this book.

Chapter 12 Charismatic and Transformational Leadership Learning Objectives After studying this chapter, you should be able to: ■ Understand how charismatic and transformational theories differ from earlier theories. ■ Understand similarities and differences between charismatic and transformational leadership. ■ Understand how leaders, followers, and the situation affect attributions of charisma. ■ Understand the traits, behaviors, and influence processes included in each major theory. ■ Understand the benefits and costs of charismatic leadership for followers and the organization. ■ Understand how to inspire more follower commitment and optimism.